IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE M.F.A. NO.9721 OF 2013 (MV) BETWEEN:
SRI.BHAGAVAN K.S. S/O.SRINIVASA MURTHY, AGED ABOUT 62 YEARS, R/AT.NO.646, AJANTHA, CLASSIC APARTMENT, FF6, 16TH CROSS, 10 EAL HOME TOWN, RAJARAJESHWARINAGAR, BANGALORE - 98, KARNATAKA. ... APPELLANT (BY SMT : BHUSHANI KUMAR, ADV.) AND:
1. SRI.RAJ KUMAR S/O. SATYANARAYAN, MAJOR, R/O.J.M.ROAD, HAKEEM CHOWK, MANIYAR COLONY, BIJAPUR, KARNATAKA – 586 101 2. IFFCO-TOKIO GENERAL INSURANCE CO. LTD., BANGALORE, BRANCH OFFICE, NO.41, IIND FLOOR, CHRISTU COMPLEX, LAVELLE ROAD, BANGALORE – 560 001, KARNATAKA.
REPRESENTED BY IT’S BRANCH MANAGER.
...RESPONDENTS (BY SRI.B.PRADEEP, ADV. FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:25.06.2013 PASSED IN MVC NO.2417/2012 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSE JUDGE & MEMBER, MACT, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T For the injuries sustained in the road traffic accident that took place on 22nd October 2011 the injured made claim petition before the Motor Accident Claims Tribunal, Bangalore. The Tribunal, by its order dated 25th June, 2013 passed in MVC No.2417 of 2012 awarded compensation of Rs.2,53,600/- with 8% interest. Being aggrieved by the compensation amount, the appellant is in this appeal seeking enhancement.
2. The learned counsel appearing for the appellant submits that the Tribunal is not justified in awarding a meager sum of Rs.40,000/- towards pain and suffering. She also submits that the amount awarded under the head attendant charges, diet, conveyance and other charges is also very meager. The amount awarded under the head future medical expenses at Rs.1,50,000/- is also on the lower side as the Doctor PW2 has deposed that the appellant require around Rs.2,35,000/- for undergoing one more surgery. There is no compensation awarded under the head loss of income due to disability. In all, she seeks suitable enhancement in the compensation.
3. Heard the learned counsel for the appellant and gone through the judgment and award passed by the Tribunal. The Tribunal has awarded compensation based on the oral evidence adduced and documentary evidence placed before it. Be that as it may, in the facts and circumstance of the case and also in view of the fact that the PW2 Doctor has deposed that the appellant needs another Rs.2,35,000/- for undergoing one more surgery, I am inclined to award another Rs.50,000/- under the head future medal expenses. Considering the discomfort to undergone by the appellant for the rest of his life, Rs.25,000/- is awarded under the head loss of amenities in addition to what has been awarded by the Tribunal. Further, considering the nature of injury suffered by the appellant, I am inclined to award another Rs.15,000/- towards pain and suffering. Towards food and nourishment I am inclined to award Rs.10,000/-. In total, the enhanced compensation would be Rs.1,00,000/- which shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. Appeal is accordingly allowed in part.
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ACTING CHIEF JUSTICE lnn